In this subtitle the following words have the meanings indicated. “Board” means the Maryland 9–1–1 Board. “Commercial mobile radio service” or “CMRS” means mobile telecommunications service that is: provided for profit with the intent of receiving compensation or monetary gain; an interconnected, two–way voice service; and available to the public. “Commercial mobile radio service provider” or “CMRS provider” means a person authorized by the Federal Communications Commission to provide CMRS in the State. “County 9–1–1 fee” means the fee imposed by a county in accordance with § 1–311 of this subtitle. “County plan” means a plan for a 9–1–1 system or enhanced 9–1–1 system, or an amendment to the plan, developed by a county or several counties together under this subtitle. “Customer” means: the person that contracts with a home service provider for CMRS; or the end user of the CMRS if the end user of the CMRS is not the contracting party. “Customer” does not include: a reseller of CMRS; or a serving carrier under an arrangement to serve the customer outside the home service provider’s licensed service area. “Enhanced 9–1–1 system” means a 9–1–1 system that provides: automatic number identification; automatic location identification; and any other technological advancements that the Board requires. “FCC order” means an order issued by the Federal Communications Commission under proceedings regarding the compatibility of enhanced 9–1–1 systems and delivery of wireless enhanced 9–1–1 service. “First responder” means an employee of a State or local public safety agency that provides emergency response services. “First responder” includes: a firefighter; a paramedic; an emergency medical technician; a rescue squad member; a sworn member of the Office of the State Fire Marshal; a member of a volunteer fire or rescue company who is a covered employee under § 9–234 of the Labor and Employment Article; an individual who is licensed or certified under § 13–516 of the Education Article; and a 9–1–1 specialist. “Home service provider” means the facilities–based carrier or reseller that contracts with a customer to provide CMRS. “Next Generation 9–1–1 services” means an Internet Protocol (IP)–based system, comprised of hardware, software, data, and operational policies and procedures, that: provides standardized interfaces from emergency call and message services to support emergency communications; processes all types of requests for emergency services, including voice, text, data, and multimedia information; acquires and integrates additional emergency call data useful to routing and handling of requests for emergency services; delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities; supports data or video communications needs for coordinated incident response and management; and provides broadband service to public safety answering points or other first responder entities. “9–1–1–accessible service” means telephone service or another communications service that connects an individual dialing the digits 9–1–1 to an established public safety answering point. “9–1–1 service carrier” means a provider of CMRS or other 9–1–1–accessible service. “9–1–1 service carrier” does not include a telephone company. “9–1–1 specialist” means an employee of a county public safety answering point, or an employee working in a county public safety answering point, whose duties and responsibilities include: receiving and processing 9–1–1 requests for emergency services; other support functions directly related to 9–1–1 requests for emergency services; or dispatching law enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency. “9–1–1 system” means telephone service that: meets the planning guidelines established under this subtitle; and automatically connects an individual dialing the digits 9–1–1 to an established public safety answering point. “9–1–1 system” includes: equipment for connecting and outswitching 9–1–1 calls within a telephone central office; trunking facilities from a telephone central office to a public safety answering point; and equipment to connect 9–1–1 calls to the appropriate public safety agency. “9–1–1 Trust Fund” means the fund established under § 1–308 of this subtitle. “Prepaid wireless E 9–1–1 fee” means the fee that is required to be collected by a seller from a consumer in the amount established under § 1–313 of this subtitle. “Prepaid wireless telecommunications service” means a commercial mobile radio service that: allows a consumer to dial 9–1–1 to access the 9–1–1 system; must be paid for in advance; and is sold in predetermined units that decline with use in a known amount. “Public safety agency” means: a functional division of a public agency that provides fire fighting, police, medical, or other emergency services; or a private entity that provides fire fighting, police, medical, or other emergency services on a voluntary basis. “Public safety answering point” means a communications facility that: is operated on a 24–hour basis; first receives 9–1–1 requests for emergency services in a 9–1–1 service area; and as appropriate: dispatches public safety services directly; transmits incident data to appropriate public safety agencies within the State for the dispatch of public safety services; or transfers 9–1–1 requests for emergency services or transmits incident data to: an appropriate federal emergency communication center responsible for the delivery of public safety services on a federal campus or federal reservation; or an appropriate public safety answering point located within or outside the State. “Secretary” means the Secretary of Emergency Management. “Seller” means a person that sells prepaid wireless telecommunications service to another person. “State 9–1–1 fee” means the fee imposed in accordance with § 1–310 of this subtitle. “Wireless enhanced 9–1–1 service” means enhanced 9–1–1 service under an FCC order.

The General Assembly: recognizes the paramount importance of the safety and well–being of the public; recognizes that timely and appropriate assistance must be provided when the lives or property of the public are in imminent danger; recognizes that emergency assistance usually is summoned by telephone, and that a multiplicity of emergency telephone numbers existed throughout the State and within each county; was concerned that avoidable delays in reaching appropriate emergency assistance were occurring to the jeopardy of life and property; acknowledges that the three digit number, 9–1–1, is a nationally recognized and applied telephone number that may be used to summon emergency assistance and to eliminate delays caused by lack of familiarity with emergency numbers and by confusion in circumstances of crisis; and recognizes that all end user customers of 9–1–1–accessible services, including consumers of prepaid wireless telecommunications service, should contribute in a fair and equitable manner to the 9–1–1 Trust Fund. The purposes of this subtitle are to: establish the three digit number, 9–1–1, as the primary emergency telephone number for the State; and provide for the orderly installation, maintenance, and operation of 9–1–1 systems in the State.

The General Assembly finds that 9–1–1 specialists are key members of the team of public safety personnel responding to requests from the public for emergency assistance. Each jurisdiction employing 9–1–1 specialists shall: appropriately classify 9–1–1 specialists as first responders in recognition of the training, knowledge, and skills that 9–1–1 specialists possess and demonstrate in answering and handling requests for emergency assistance; and compensate 9–1–1 specialists in a manner that: reflects their membership in the team of public safety personnel answering and responding to requests for emergency assistance; and is commensurate with the training, knowledge, and skills they possess.

This subtitle does not require a public service company to provide any equipment or service other than in accordance with tariffs approved by the Public Service Commission. The provision of services, the rates, and the extent of liability of a public service company are governed by the tariffs approved by the Public Service Commission. This subtitle does not require a 9–1–1 service carrier to provide any equipment or service other than the equivalent of the equipment and service required of a telephone company under subsection (a) of this section. This subtitle does not extend any liability to a 9–1–1 service carrier or seller of prepaid wireless telecommunications service.

Each county shall have in operation an enhanced 9–1–1 system. If implementation is preceded by cooperative planning, the enhanced 9–1–1 system required under subsection (a) of this section may operate as part of a multicounty system. Services available through a 9–1–1 system shall include police, fire fighting, and emergency ambulance services. Other emergency and civil defense services may be incorporated into the 9–1–1 system at the discretion of the county or counties served by the 9–1–1 system. The digits 9–1–1 are the primary emergency telephone number in the 9–1–1 system. A public safety agency whose services are available through the 9–1–1 system: may maintain a separate secondary backup telephone number for emergency calls; and shall maintain a separate telephone number for nonemergency calls. Educational information that relates to emergency services made available by the State or a county: shall designate the number 9–1–1 as the primary emergency telephone number; may include a separate secondary backup telephone number for emergency calls; and shall include information on the requirements of § 1–314 of this subtitle. Each public safety answering point shall notify the public safety agencies in a county 9–1–1 system of requests for emergency services in the county. Written guidelines shall be developed to govern the referral of requests for emergency services to the appropriate public safety agency. State, county, and local public safety agencies with concurrent jurisdiction shall have written agreements to ensure a clear understanding of which specific requests for emergency services will be referred to which public safety agency. Counties, other units of local government, public safety agencies, and public safety answering points may enter into cooperative agreements for the allocation of maintenance, operational, and capital costs attributable to the 9–1–1 system. Each public safety answering point shall develop a written policy on the procedures to be followed by the public safety answering point when a call is received that involves an individual suffering an active mental health crisis. The written policy developed under paragraph (1) of this subsection shall include: the procedures to triage a call involving an individual suffering an active mental health crisis; the resources that are available for dispatch; the procedures for making a dispatch decision; and training for applicable staff on implementing the procedures.

Each public safety answering point shall employ standards–based protocols for the processing of 9–1–1 requests for emergency assistance. A public safety answering point shall ensure that each 9–1–1 specialist employed by the public safety answering point is certified in each discipline related to 9–1–1 requests for assistance for which the 9–1–1 specialist is responsible for receiving and processing. A public safety answering point may establish a telecommunicator emergency response team to respond to, relieve, assist, or augment other public safety answering points when those public safety answering points are affected by natural or human–made disasters.

Each public safety answering point shall adopt and implement programs compliant with best practices on 9–1–1 acute/traumatic and chronic stress management. A 9–1–1 specialist may, as part of occupational well–being standards and practices, seek treatment for job–related audible or visual trauma without informing anyone. Except as otherwise provided under Title 9, Subtitle 1 of the Courts Article, communications between a 9–1–1 specialist and a treatment provider that occur in connection with the treatment of job–related audible or visual trauma shall be confidential.

Subject to subsections (b) and (c) of this section, in the event of a 9–1–1–accessible service outage lasting more than 30 minutes and affecting more than 600,000 user minutes, a provider of a 9–1–1–accessible service, other than a reseller, shall: as soon as practicable, notify any affected public safety answering point and the Maryland Joint Operations Center of the 9–1–1–accessible service outage occurring on the provider’s network; in advance of the next scheduled meeting of the Board, notify the Board of any 9–1–1–accessible service outage occurring on the provider’s network; and at the next scheduled meeting of the Board, submit to the Board a report detailing the 9–1–1–accessible service outage occurring on the provider’s network. A provider of a 9–1–1–accessible service shall calculate user minutes under this section in accordance with the applicable regulations of the Federal Communications Commission. The Board and the Maryland Joint Operations Center shall adopt procedures and implement safeguards to ensure that sensitive information submitted by a provider of a 9–1–1–accessible service under this section is maintained confidentially.

There is a Maryland 9–1–1 Board in the Maryland Department of Emergency Management. The Board consists of 24 members. Of the 24 members: one nonvoting member shall represent a telephone company operating in the State; one nonvoting member shall represent the wireless telephone industry in the State; one nonvoting member shall represent the Maryland Department of Emergency Management; one member shall represent the Maryland Institute for Emergency Medical Services Systems; one member shall represent the Department of State Police; one member shall represent the Public Service Commission; one member shall represent the Association of Public–Safety Communications Officials International, Inc.; two members shall represent county fire services in the State, with one member representing career fire services and one member representing volunteer fire services; one member shall represent law enforcement in the State; one member shall represent emergency management services in the State; one member shall represent 9–1–1 specialists; one member shall be appointed by the Secretary of Disabilities and represent individuals with accessibility needs; one member shall represent the Emergency Communications Committee of the Maryland Association of Counties; one member shall represent directors of public safety answering points for Allegany County, Garrett County, and Washington County; one member shall represent directors of public safety answering points for Calvert County, Charles County, Frederick County, Montgomery County, Prince George’s County, and St. Mary’s County; one member shall represent directors of public safety answering points for Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County; one member shall represent directors of public safety answering points for Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County; one member shall represent the cybersecurity systems in the State, particularly in the field of emergency communication networks; one member shall represent a county finance office in the State and be recommended by the Maryland Association of Counties; one member shall represent the Maryland chapter of the National Emergency Numbers Association; one member shall represent the geographical information systems in the State; and two members shall represent the public. The Governor shall appoint the members with the advice and consent of the Senate. The term of a member is 4 years and begins on July 1. The terms of the members are staggered as required by the terms provided for members of the Board on October 1, 2003. At the end of a term, a member continues to serve until a successor is appointed and qualifies. If a vacancy occurs after a term has begun, the Governor shall appoint a successor to represent the organization or group in which the vacancy occurs. The Board, in consultation with the Maryland Department of Emergency Management, shall develop and establish procedures for: filling a vacancy as soon as practicable after the vacancy occurs; and ensuring candidates for filling a vacancy have appropriate expertise and a commitment to improving 9–1–1 services in the State. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. From among its members, the Board shall elect a chair and vice chair. The Board shall meet as necessary, but at least once each quarter. For purposes of the Open Meetings Act, a project site visit or educational field tour may not be considered a meeting of the Board if no organizational business is conducted. A member of the Board: may not receive compensation as a member of the Board; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Secretary shall provide staff to the Board, including: a coordinator who is responsible for the daily operation of the office of the Board; and staff to handle the increased duties related to enhanced 9–1–1 service.

The Board shall coordinate the enhancement of county 9–1–1 systems. The Board’s responsibilities include: establishing planning guidelines for enhanced 9–1–1 system plans and deployment of wireless enhanced 9–1–1 service in accordance with this subtitle; establishing procedures to review and approve or disapprove county plans and to evaluate requests for variations from the planning guidelines established by the Board; establishing procedures for the request for reimbursement of the costs of enhancing a 9–1–1 system by a county or counties in which a 9–1–1 system is in operation, and procedures to review and approve or disapprove the request; transmitting the planning guidelines and procedures established under this section, and any amendments to them, to the governing body of each county; submitting to the Secretary each year a schedule for implementing the enhancement of county or multicounty 9–1–1 systems, and an estimate of funding requirements based on the approved county plans; developing, with input from counties, and publishing on or before July 1, 2004, an implementation schedule for deployment of wireless enhanced 9–1–1 service; reviewing and approving or disapproving requests for reimbursement of the costs of enhancing 9–1–1 systems, and submitting to the Secretary each year a schedule for reimbursement and an estimate of funding requirements; reviewing the enhancement of 9–1–1 systems; providing for an audit of county expenditures for the operation and maintenance of 9–1–1 systems; ensuring inspections of public safety answering points; reviewing and approving or disapproving requests from counties with operational enhanced 9–1–1 systems to be exempted from the expenditure limitations under § 1–312 of this subtitle; authorizing expenditures from the 9–1–1 Trust Fund that: are for enhancements of 9–1–1 systems that: are required by the Board; will be provided to a county by a third party contractor; and will incur costs that the Board has approved before the formation of a contract between the county and the contractor; and are approved by the Board for payment: from money collected under § 1–310 of this subtitle; and directly to a third party contractor on behalf of a county; establishing planning guidelines for Next Generation 9–1–1 services system plans and deployment of Next Generation 9–1–1 services in accordance with this subtitle; establishing minimum standards for records retention guidelines for 9–1–1 audio, pictures, video, text messages, and data; establishing training standards for public safety answering point personnel based on national best practices, including training concerning: Next Generation 9–1–1 topics; individual psychological well–being and resilience; and subject to subsection (e)(2) of this section, implicit bias training; establishing minimum standards for cybersecurity, oversight, and accountability of service level agreements between counties and core service providers of Next Generation 9–1–1 services; and supporting 9–1–1 specialist recruitment activities consisting of: a database that offers information on recruitment guidance, best practices, and strategies; recruitment projects, including recruitment projects designed to reach minorities; and a website that contains links to job opportunities throughout the State for 9–1–1 specialists. The guidelines established by the Board under subsection (b)(1) and (13) of this section: shall be based on available technology and equipment; shall require Next Generation 9–1–1 services systems to be interconnected and interoperable, as determined by the Board; and may be based on any other factor that the Board determines is appropriate, including population and area served by 9–1–1 systems. The standards established by the Board under subsection (b)(14) of this section shall include procedures for: the security of the records; the establishment and revision, in accordance with the regulations, of record retention and disposal schedules to ensure the prompt and orderly disposition of records, including electronic records, that are no longer needed for operation; and the maintenance of inventories of records series that are accurate and complete. The standards established by the Board under subsection (b)(15) of this section shall include onboarding standards for newly hired 9–1–1 specialists and minimum continuing education standards for 9–1–1 specialists. The Board shall develop criteria and approve the initial and ongoing training curriculum for the training required under subsection (b)(15) of this section. Public safety answering point personnel shall be provided the implicit bias training required under subsection (b)(15)(iii) of this section: on or before October 1, 2024, for personnel hired by the public safety answering point on or before October 1, 2022; at the time of hire for personnel hired by the public safety answering point after October 1, 2022; and on a recurring basis with updates as determined by the Board, but at least once every 4 years. At least once each year, the Board shall provide for an audit of each public safety answering point in order to ensure that 9–1–1 specialists and other personnel employed by the public safety answering point have satisfied the training requirements established in accordance with subsection (b)(15) of this section. The audit described under subparagraph (i) of this paragraph may be conducted concurrently with an inspection of the public safety answering point in accordance with subsection (b)(10) of this section. If the Board determines that the personnel employed by a public safety answering point have not satisfied the training requirements established in accordance with subsection (b)(15) of this section, the Board and public safety answering point shall jointly develop a remediation plan and implementation timeline. The Board may impose sanctions on a public safety answering point if the public safety answering point fails to comply with a remediation plan or implementation timeline developed under this subparagraph. The Board shall establish standards governing the processing of 9–1–1 requests for assistance that: minimize the transfer of those requests from the public safety answering point that received the request to other public safety answering points within or outside the State or federal emergency communication centers; and follow best practices for transferring requests to public safety agencies to ensure the optimal public safety response. The Board shall: establish minimum standards for 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services that ensure improved access for individuals with disabilities and individuals who use assistive technologies, including mandatory connectivity requirements for core service providers for Next Generation 9–1–1 services to device–based and cloud–based data repositories; and update the standards adopted in accordance with item (1) of this subsection based on available technology and equipment. The Board may adopt regulations to implement and enforce this subtitle.

The Board shall submit an annual report to the Governor, the Secretary, and, subject to § 2–1257 of the State Government Article, the Legislative Policy Committee, the Senate Education, Health, and Environmental Affairs Committee, and the House Health and Government Operations Committee. The report submitted under subsection (a) of this section shall provide the following information: for each county: the type of 9–1–1 system currently operating in the county; the total State 9–1–1 fee and county 9–1–1 fee charged; the funding formula in effect; any statutory or regulatory violation by the county and the response of the Board; and any efforts to establish an enhanced 9–1–1 system in the county; any suggested changes to this subtitle; and for the annual reports submitted in 2023 through 2028: an update on the progress of each county in transitioning to next generation 9–1–1 technology, including compliance with cybersecurity standards and meeting goals of interoperability and geographic information system mapping integration; the following personnel information for each county public safety answering point: staffing and vacancy levels; a summary of the county’s efforts to find, hire, and retain qualified personnel; an update on training of public safety answering point personnel under § 1–306 of this subtitle; and incidence of workers’ compensation claims by public safety answering point personnel; an update on audits conducted by the Comptroller of fee collection and remittances, including whether fees collected are sufficient to cover each county’s operational costs for the 9–1–1 system and any measures recommended or implemented to address cost shortages; annual incidents of unnecessary requests for emergency services made to 9–1–1 for the purpose of dispatching an unneeded emergency response and any resulting bodily harm or death; incidence and interval data relating to 9–1–1 outages or the absence of 9–1–1 specialists to receive requests for emergency services; and an update on integration of the 9–1–1 system with 9–8–8 and 2–1–1 and the impact on 9–1–1 operations and capacity. The Maryland Department of Emergency Management shall summarize and analyze the information provided under subsection (b)(3) of this section and, subject to § 2–1257 of the State Government Article, submit to the Senate Finance Committee and the House Health and Government Operations Committee: the summary and analysis; any associated recommendations to address issues raised by the analysis; and a description of any measures implemented by the Department to address issues raised by the analysis.

There is a 9–1–1 Trust Fund. Except as provided in paragraph (2) of this subsection and subject to § 1–309.1 of this subtitle, the purposes of the 9–1–1 Trust Fund are to: reimburse counties for the cost of enhancing a 9–1–1 system; pay contractors in accordance with § 1–306(b)(12) of this subtitle; and fund the coordinator position and staff to handle the increased duties related to wireless enhanced 9–1–1 service under § 1–305 of this subtitle, as an administrative cost. Subject to paragraph (3) of this subsection, in addition to the purposes described under paragraph (1) of this subsection, the purposes of the 9–1–1 Trust Fund include funding: the operation and maintenance of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including: equipment and software utilized directly for providing 9–1–1 services by a public safety answering point; protocol systems and software utilized directly for providing 9–1–1 services by a public safety answering point; interpretation services provided for a public safety answering point; services provided for a public safety answering point to ensure improved access to individuals with disabilities and other individuals who use assistive technology; and voice, data, and call log recorders utilized to capture information from 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services; the operation and maintenance of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services connectivity and infrastructure equipment, including: automatic number and location identification; and Primary Rate Interface and Session Initiation Protocol trucking for 10–digit emergency and nonemergency lines; geographical information systems hardware, software, data development, and data management costs incurred for the effective operation of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including: mapping equipment; interfaces to computer–aided dispatch; and geographical information systems base layer development and management; public safety answering point facilities costs, including access control, security systems, and standby power; costs for public education materials; the training of county personnel working in or directly supporting a public safety answering point; the provision of tuition reimbursement for 9–1–1 specialists for educational programs related to the 9–1–1 specialist career field; costs to maintain the cybersecurity of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services; costs of 9–1–1 specialist recruitment activities as described in § 1–306(b)(17) of this subtitle; costs of telecommunications cardiopulmonary resuscitation training; and costs related to the operation of the 9–8–8 suicide prevention hotline that may be shared with 9–1–1 activities, including software interfaces and joint training. Funding allocated in accordance with paragraph (2) of this subsection may not be utilized for any costs that solely support the 9–8–8 suicide prevention hotline. The 9–1–1 Trust Fund consists of: money from the 9–1–1 fee collected and remitted to the Comptroller under § 1–310 of this subtitle; money from the additional charge collected and remitted to the Comptroller under § 1–311 of this subtitle; money from the prepaid wireless E 9–1–1 fee collected and remitted to the Comptroller under § 1–313 of this subtitle; and investment earnings of the 9–1–1 Trust Fund. Money in the 9–1–1 Trust Fund shall be held in the State Treasury. The Secretary shall administer the 9–1–1 Trust Fund, subject to the guidelines for financial management and budgeting established by the Department of Budget and Management. The Secretary shall direct the Comptroller to establish separate accounts in the 9–1–1 Trust Fund for the payment of administrative expenses and for each county. Any investment earnings shall be credited to the 9–1–1 Trust Fund. The Comptroller shall allocate the investment income among the accounts in the 9–1–1 Trust Fund, prorated on the basis of the total fees collected in each county.

On recommendation of the Board, each year the Secretary shall request an appropriation from the 9–1–1 Trust Fund in an amount sufficient to: carry out the purposes of this subtitle; pay the administrative costs chargeable to the 9–1–1 Trust Fund; and reimburse counties for the cost of enhancing a 9–1–1 system. Subject to the limitations under subsection (e) of this section, the Comptroller shall disburse the money in the 9–1–1 Trust Fund as provided in this subsection. Each July 1, the Comptroller shall allocate sufficient money from the State 9–1–1 fee to pay the costs of administering the 9–1–1 Trust Fund. As directed by the Secretary and in accordance with the State budget, the Comptroller, from the appropriate account, shall: reimburse counties for the cost of enhancing a 9–1–1 system; pay contractors in accordance with § 1–306(b)(12) of this subtitle; and pay the costs associated with maintenance, operations, and programs approved by the Board in accordance with § 1–308(b) of this subtitle. The Comptroller shall pay to each county from its account the money requested by the county to pay the maintenance and operation costs of the county’s 9–1–1 system in accordance with the State budget. The Comptroller shall pay the money for maintenance and operation costs on September 30, December 31, March 31, and June 30 of each year. Money accruing to the 9–1–1 Trust Fund may be used as provided in this subsection. Money collected from the State 9–1–1 fee may be used only to: pay the administrative costs chargeable to the 9–1–1 Trust Fund; reimburse counties for the cost of enhancing a 9–1–1 system; pay contractors in accordance with § 1–306(b)(12) of this subtitle; and pay the costs associated with maintenance, operations, and programs approved by the Board in accordance with § 1–308(b) of this subtitle. Money collected from the State 9–1–1 fee may not be utilized for the payment of the salary of public safety answering point personnel or county personnel. Money collected from the county 9–1–1 fee may be used by the counties only for the maintenance and operation costs of the 9–1–1 system. Money collected from the prepaid wireless E 9–1–1 fee shall be used as follows: 25% for the same purpose as the 9–1–1 fee under paragraph (2) of this subsection; and 75% for the same purpose as the county 9–1–1 fee under paragraph (4) of this subsection, prorated on the basis of the total fees collected in each county. Money accruing to the 9–1–1 Trust Fund may not be used for: the maintenance or operation of communications centers other than public safety answering points; or any costs that solely support the 9–8–8 suicide prevention hotline. Reimbursement may be made only to the extent that county money was used to enhance the 9–1–1 system. Reimbursement for the enhancement of 9–1–1 systems shall include the installation of equipment for automatic number identification, automatic location identification, and other technological advancements that the Board requires. Reimbursement from money collected from the State 9–1–1 fee may be used only for 9–1–1 system enhancements approved by the Board. The Board may direct the Comptroller to withhold from a county money for 9–1–1 system expenditures if the county violates this subtitle or a regulation of the Board. The Board shall state publicly in writing its reason for withholding money from a county and shall record its reason in the minutes of the Board. On reaching its decision to withhold money, the Board shall notify the county. The county has 30 days after the date of notification to respond in writing to the Board. On notification by the Board, the Comptroller shall hold money for the county in the county’s account in the 9–1–1 Trust Fund. Money held by the Comptroller under subparagraph (i) of this paragraph does not accrue interest for the county. Interest income earned on money held by the Comptroller under subparagraph (i) of this paragraph accrues to the 9–1–1 Trust Fund. County money withheld by the Comptroller shall be withheld until the Board directs the Comptroller to release the money. The Legislative Auditor may conduct fiscal/compliance audits of the 9–1–1 Trust Fund and of the appropriations and disbursements made for purposes of this subtitle. The cost of the fiscal portion of the audits shall be paid from the 9–1–1 Trust Fund as an administrative cost.

In consultation with the Maryland Cybersecurity Council established under § 9–2901 of the State Government Article, the Board shall establish cybersecurity standards for public safety answering points based on national industry and 9–1–1 system trade association best practices, including standards concerning response protocols in the event of a cybersecurity attack on a public safety answering point. At least once each year on a date determined by the Board and in advance of submitting a request for or receiving any money from the 9–1–1 Trust Fund, the director of each public safety answering point shall examine the cybersecurity of the public safety answering point to determine whether the cybersecurity defenses employed by the public safety answering point satisfy the standards established by the Board under subsection (a) of this section and submit to the Board a report detailing the results of that exercise. If a director of a public safety answering point fails to submit a report required under subsection (b) of this section, the Board may not authorize any money from the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point until that report has been submitted. If a public safety answering point fails to meet the cybersecurity standards established by this section during the annual examination required under subsection (b) of this section, the Board shall work with the public safety answering point to develop an aggressive, consensus remediation plan and implementation timeline. If a public safety answering point fails to comply with a remediation plan developed under this paragraph, the Board may refuse to authorize money from the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point for any new, noncybersecurity purpose.

This section does not apply to prepaid wireless telecommunications service. Each subscriber to switched local exchange access service or CMRS or other 9–1–1–accessible service shall pay a State 9–1–1 fee. Subject to paragraphs (2) through (5) of this subsection, the State 9–1–1 fee is 50 cents per month for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided, payable when the bill for the service is due. Except as provided in paragraphs (3) through (5) of this subsection, if a service provider provisions to the same individual or person the voice channel capacity to make more than one simultaneous outbound call from a 9–1–1–accessible service, each separate outbound call voice channel capacity, regardless of the technology, shall constitute a separate 9–1–1–accessible service for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection. CMRS provided to multiple devices that share a mobile telephone number shall be treated as a single 9–1–1–accessible service for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection. A broadband connection not used for telephone service may not constitute a separate voice channel capacity for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection. For a telephone service that provides, to multiple locations, shared simultaneous outbound voice channel capacity configured to provide local dial in different states, the voice channel capacity to which the State 9–1–1 fee due under paragraph (1) of this subsection applies is only the portion of the shared voice channel capacity in the State identified by the service supplier’s books and records. In determining the portion of shared capacity in the State, a service supplier may rely on, among other factors, a customer’s certification of the customer’s allocation of capacity in the State, which may be based on: each end user location; the total number of end users; and the number of end users at each end user location. The Public Service Commission shall direct each telephone company to add the State 9–1–1 fee to all current bills rendered for switched local exchange access service in the State. Each telephone company: shall act as a collection agent for the 9–1–1 Trust Fund with respect to the 9–1–1 fees; shall remit all money collected to the Comptroller on a monthly basis; shall keep records of 9–1–1 fees collected and remitted under this paragraph for at least 4 years after the fee is remitted; and is entitled to credit, against the money from the State 9–1–1 fees to be remitted to the Comptroller, an amount equal to 0.50% of the State 9–1–1 fees to cover the expenses of billing, collecting, remitting, and keeping records of the State 9–1–1 fees and county 9–1–1 fees. The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund. Each 9–1–1 service carrier shall add the State 9–1–1 fee to all current bills rendered for CMRS or other 9–1–1–accessible service in the State. Each 9–1–1 service carrier: shall act as a collection agent for the 9–1–1 Trust Fund with respect to the 9–1–1 fees; shall remit all money collected to the Comptroller on a monthly basis; shall keep records of 9–1–1 fees collected and remitted under this paragraph for at least 4 years after the fee is remitted; and is entitled to credit, against the money from the State 9–1–1 fees to be remitted to the Comptroller, an amount equal to 0.50% of the State 9–1–1 fees to cover the expenses of billing, collecting, remitting, and keeping records of the State 9–1–1 fees and county 9–1–1 fees. The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund. The Comptroller, in consultation with the Board, shall adopt procedures for auditing surcharge collection and remittance by telephone companies and CMRS providers of 9–1–1 fees collected under this section and under § 1–311 of this subtitle. The procedures adopted under paragraph (1) of this subsection shall be consistent with the audit and appeal procedures established for the sales and use tax under Titles 11 and 13 of the Tax – General Article. The Comptroller may issue an administrative subpoena to compel compliance with an audit conducted under this subsection. The Comptroller shall develop and distribute informational materials to telephone companies and CMRS providers regarding: proper collection and remittance of 9–1–1 fees; and the audit procedures adopted under paragraph (1) of this subsection. On request of a telephone company or CMRS provider, and except as otherwise required by law, the information that the telephone company or CMRS provider reports to the Comptroller shall be confidential, privileged, and proprietary and may not be disclosed to any person other than the telephone company or CMRS provider. The Comptroller is entitled to an amount equal to 0.5% of the 9–1–1 fees collected under this section to cover the expenses of conducting audits under this subsection. On or before December 1 each year, the Comptroller shall submit an annual report to the Board detailing the audits conducted during the immediately preceding year and the outcome of each audit. Between December 31, 2022, and January 1, 2025, in addition to the annual report required by paragraph (7) of this subsection, the Comptroller shall: submit to the Board quarterly updates detailing the audits conducted in the immediately preceding quarter; and immediately notify the Board of any deficiencies detected by an audit. Beginning January 1, 2025, on request of the Board, the Comptroller shall provide quarterly updates detailing the audits conducted since the last update was provided. The Comptroller may adopt regulations necessary to carry out the requirements of this subsection. Notwithstanding any other provision of this subtitle, the State 9–1–1 fee does not apply to an intermediate service line used exclusively to connect a CMRS or other 9–1–1–accessible service, other than a switched local access service, to another telephone system or switching device. A CMRS provider that pays or collects State 9–1–1 fees under this section has the same immunity from liability for transmission failures as that approved by the Public Service Commission for local exchange telephone companies that are subject to regulation by the Commission under the Public Utilities Article.

This section does not apply to prepaid wireless telecommunications service. In addition to the State 9–1–1 fee, the governing body of each county, by ordinance or resolution enacted or adopted after a public hearing, may impose a county 9–1–1 fee to be added to all current bills rendered for switched local exchange access service or CMRS or other 9–1–1–accessible service in the county. Except as provided in paragraph (2) of this subsection and subject to paragraphs (3) through (6) of this subsection, the county 9–1–1 fee imposed by a county may not exceed 75 cents per month for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided. If revenues attributable to the county 9–1–1 fee for a fiscal year do not provide the revenues necessary to cover a county’s operational costs for the 9–1–1 system for that fiscal year, the county may, for the following fiscal year, impose a county 9–1–1 fee sufficient to cover the county’s projected operational costs for the 9–1–1 system for the fiscal year for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided. Except as provided in paragraphs (4) through (6) of this subsection, if a service provider provisions to the same individual or person the voice channel capacity to make more than one simultaneous outbound call from a 9–1–1–accessible service, each separate outbound call voice channel capacity, regardless of the technology, shall constitute a separate 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection. CMRS provided to multiple devices that share a mobile telephone number shall be treated as a single 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection. A broadband connection not used for telephone service may not constitute a separate voice channel capacity for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection. For a telephone service that provides, to multiple locations, shared simultaneous outbound voice channel capacity configured to provide local dial in different states or counties, the voice channel capacity to which the 9–1–1 fee due under paragraphs (1) and (2) of this subsection applies is only the portion of the shared voice channel capacity in the county identified by the service supplier’s books and records. In determining the portion of shared capacity in the county, a service supplier may rely on, among other factors, a customer’s certification of the customer’s allocation of capacity in the county, which may be based on: each end user location; the total number of end users; and the number of end users at each end user location. The amount of the county 9–1–1 fees may not exceed a level necessary to cover the total eligible maintenance and operation costs of the county. The county 9–1–1 fee continues in effect until repealed or modified by a subsequent county ordinance or resolution. After imposing, repealing, or modifying a county 9–1–1 fee, the county shall certify the amount of the county 9–1–1 fee to: the Public Service Commission; the Board; and no later than 60 days before the implementation of the change, the Comptroller. The Public Service Commission shall direct each telephone company that provides service in a county that imposed a county 9–1–1 fee to add, within 60 days, the full amount of the county 9–1–1 fee to all current bills rendered for switched local exchange access service in the county. Within 60 days after a county enacts or adopts an ordinance or resolution that imposes, repeals, or modifies a county 9–1–1 fee, each 9–1–1 service carrier that provides service in the county shall add the full amount of the county 9–1–1 fee to all current bills rendered for CMRS or other 9–1–1–accessible service in the county. Each telephone company and each 9–1–1 service carrier shall: act as a collection agent for the 9–1–1 Trust Fund with respect to the county 9–1–1 fee imposed by each county; collect the money from the county 9–1–1 fee on a county basis; and remit all money collected to the Comptroller on a monthly basis. The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund account maintained for the county that imposed the county 9–1–1 fee.

During each county’s fiscal year, the county may spend the amounts distributed to it from State 9–1–1 fee collections for the installation, enhancement, maintenance, and operation of a county or multicounty 9–1–1 system. A county may not spend the amounts distributed to it from State 9–1–1 fee collections for any purpose associated with the 9–8–8 suicide prevention hotline. Subject to the provisions of subsection (c) of this section, maintenance and operation costs may include telephone company charges, equipment costs, equipment lease charges, repairs, utilities, personnel costs, and appropriate carryover costs from previous years. During a year in which a county raises its county 9–1–1 fee under § 1–311 of this subtitle, the county: may use 9–1–1 trust funds only to supplement levels of spending by the county for 9–1–1 maintenance or operations; and may not use 9–1–1 trust funds to supplant spending by the county for 9–1–1 maintenance or operations. The Board shall provide for an audit of each county’s expenditures for the maintenance and operation of the county’s 9–1–1 system. If an audit performed in accordance with paragraph (1) of this subsection determines that a county has utilized 9–1–1 trust funds for purposes other than those authorized under this subtitle, the governing body of the county shall: submit to the Board a report that includes an explanation for the diversion of 9–1–1 trust funds for unauthorized purposes and details the steps taken by the county to ensure that the diversion of 9–1–1 trust funds does not occur in the future; and restore the diverted funds to the county’s 9–1–1 budget within that fiscal year. For a county without an operational Phase II wireless enhanced 9–1–1 system within the time frames established by the Board under § 1–306(b)(6) of this subtitle, the Board shall adopt procedures, to take effect on or after January 1, 2006, to assure that: the money collected from the county 9–1–1 fee and distributed to the county is expended during the county’s fiscal year as follows: for a 9–1–1 system in a county or a multicounty area with a population of 100,000 individuals or fewer, a maximum of 85% may be spent for personnel costs; and for a 9–1–1 system in a county or multicounty area with a population of over 100,000 individuals, a maximum of 70% may be spent for personnel costs; and the total amount collected from the State 9–1–1 fee and the county 9–1–1 fee shall be expended only for the installation, enhancement, maintenance, and operation of a county or multicounty system. The Board may grant an exception to the provisions of paragraph (1) of this subsection in extenuating circumstances. A county with an operational Phase II wireless enhanced 9–1–1 system is exempt from the provisions of paragraph (1) of this subsection.

In this section the following words have the meanings indicated. “Consumer” means a person that purchases prepaid wireless telecommunications service in a retail transaction. “Provider” means a person that provides prepaid wireless telecommunications service under a license issued by the Federal Communications Commission. “Retail transaction” means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. There is a prepaid wireless E 9–1–1 fee of 60 cents per retail transaction. The prepaid wireless E 9–1–1 fee shall be collected by the seller from the consumer for each retail transaction in the State. The prepaid wireless E 9–1–1 fee collected by the seller under this section is not subject to the sales and use tax under the Tax – General Article. A retail transaction occurs in the State if: the sale or recharge takes place at the seller’s place of business located in the State; the consumer’s shipping address is in the State; or no item is shipped, but the consumer’s billing address or the location associated with the consumer’s mobile telephone number is in the State. The amount of the prepaid wireless E 9–1–1 fee shall be disclosed to the consumer at the time of the retail transaction. Except as provided in paragraph (2) of this subsection, the prepaid wireless E 9–1–1 fee is the liability of the consumer and not of the seller or of any provider. The seller is liable for remitting all prepaid wireless E 9–1–1 fees that the seller collects from consumers as provided in this section. Before December 28, 2013, a seller may deduct and retain 50% of prepaid wireless E 9–1–1 fees collected from consumers for direct start–up costs. On or after December 28, 2013, a seller may deduct and retain 3% of prepaid wireless E 9–1–1 fees collected from consumers. A seller shall report and remit to the Comptroller all prepaid wireless E 9–1–1 fees collected by the seller in the manner provided for the remitting of the sales and use tax under Titles 11 and 13 of the Tax – General Article. The Comptroller shall deposit all reported and remitted prepaid wireless E 9–1–1 fees into the 9–1–1 Trust Fund within 30 days of receipt. A seller may demonstrate that a sale is not a retail transaction in a manner established by the Comptroller that is substantially similar to the procedures for demonstrating a resale for exemption from the sales and use tax under Titles 11 and 13 of the Tax – General Article. For the purpose of this section, the audit and appeal procedures established for the sales and use tax under Titles 11 and 13 of the Tax – General Article apply. A seller that is not a provider of prepaid wireless telecommunications service is not liable for damages in connection with: the provision of, or failure of, 9–1–1 or E 9–1–1 service; identifying, or failing to identify, the telephone number, address, location, or name associated with any person or device that is accessing or attempting to access 9–1–1 or E 9–1–1 service; or the provision of any lawful assistance to any investigative or law enforcement officer. Providers and sellers of prepaid wireless telecommunications service have the same immunity from liability for transmission failures as that approved by the Public Service Commission for local exchange telephone companies that are subject to regulation by the Commission under the Public Utilities Article. A tax, a fee, a surcharge, or any other charge may not be imposed by the State, any political subdivision of the State, or any intergovernmental agency, for E 9–1–1 funding purposes, on any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service. The Comptroller shall adopt regulations to carry out the provisions of this section.

In this section, “multiple–line telephone system” means a system that: consists of common control units, telephone sets, control hardware and software, and adjunct systems, including network and premises–based systems; and is designed to aggregate more than one incoming voice communication channel for use by more than one telephone. Except as provided in paragraph (2) of this subsection, a person that installs or operates a multiple–line telephone system shall ensure that the system is connected to the public switched telephone network in such a way that when an individual using the system dials 9–1–1, the call connects to the public safety answering point without requiring the user to dial any other number or set of numbers. A unit of the Executive Branch of State government shall comply with paragraph (1) of this subsection on the date that the multiple–line telephone system of the unit is next upgraded. Notwithstanding any other provision of this subtitle and except as provided in paragraph (2) of this subsection, a county’s or municipality’s designee shall be responsible for enforcing subsection (b) of this section. In the absence of a county– or municipality–designated enforcement unit, the Office of the State Fire Marshal, including the State Fire Marshal, an assistant State fire marshal, or a special assistant State fire marshal, shall be responsible for enforcing subsection (b) of this section. Each county or municipality may set a fine or series of fines to be issued to a person that violates subsection (b) of this section. Revenue collected under paragraph (1) of this subsection shall be returned to the county or municipality taking the enforcement action. When a county submits a request for disbursements from the 9–1–1 Trust Fund in accordance with § 1–309 of this subtitle, the county shall submit to the Board a certification of the enforcement actions taken by the county under this section.

An emergency services Internet Protocol network provider and a core service provider of Next Generation 9–1–1 services have the same immunity from liability for transmission failures as that approved by the Public Service Commission for local exchange telephone companies, or for a provider of telecommunications services through evolving technology, that are subject to regulation by the Commission under the Public Utilities Article.